This Service Level Agreement (“SLA”) is issued in accordance with the Master Services
Agreement (the “Agreement”) between Colocation America and Customer. Any capitalized
terms not otherwise defined herein shall have the meanings ascribed to such terms in the Terms
and Conditions of the Agreement. This SLA sets forth the colocation and power services to be
provided by Colocation America to Customer and the Service Levels in accordance with which
such services will be provided.
1.1. In this SLA, the following terms have the following meanings:
a) “Facility” means the building in which the data centers are located.
b) “Data Center” means the physical location where Colocation America houses
computer systems and associated components.
c) “Data Center Availability” means all the time in any calendar month the
Data Center is available to visit, not to include Scheduled Downtime.
d) “Data Center Downtime” means any interruption in the Data Center
Availability guaranteed in Section 3.1., not to include Scheduled Downtime.
e) “Force Majeur” means an act of nature (including fire, flood, earthquake, storm,
hurricane or other natural disasters at data centers), war, invasion, act of foreign enemies, hostilities (whether war
is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or
confiscation, terrorist activities, nationalization, government sanction, blockage, or embargo.
f) “Power” means the physical electricity delivered to the Customer within the Data
g) “Power Downtime” means any interruption to the Power delivered to the
Customer within the Data Center guaranteed in Section 4.1.
h) “Environment” means the recorded ambient temperature within the Data Center.
i) “Environment Downtime” means a change in the recorded ambient temperature
that is outside of the 66 and 78 degree range maintained within the Data Center
guaranteed in Section 5.1.
j) “Signed Proposal” shall mean the proposal for Services executed by both
Colocation America and Customer.
k) “Service Outage” shall mean any Data Center, Power or Environment downtime.
l) “Services” shall have the meaning ascribed thereto in paragraph 2.1.
1.2. This SLA only applies to the Services to the extent that they are provided by means
of systems and equipment that are either owned or operated by or on behalf of Colocation
1.3. Colocation America shall not be liable to pay compensation under this SLA where its
failure to meet any of its obligations under this SLA is a caused by a Force Majeure event, by
the performance of routine maintenance, by a failure in any Customer equipment, or by any act
or omission of Customer, or third party acting on Customer’s behalf.
1.4. Credits and/or other compensation under this SLA shall only be payable where:
a) Customer is not currently, nor was at the time the Service Outage occurred,
in default of any of the terms and conditions of the Agreement and this SLA;
b) Customer has submitted to Colocation America a claim in writing via
Support@ColocationAmerica.com identifying the circumstances in which Customer
claims that the credit and/or compensation arose; and
c) Colocation America has agreed in writing, acting reasonably and without undue
delay, to issue such credit and/or other compensation in connection with such claim.
All credits and/or other compensation so payable shall be applied to Customer’s account to be
reconciled following Colocation America’s agreement to issue such credit and/or other
compensation in connection with such claim. In order to receive credits, Customer must submit
a trouble ticket within 48 hours of the Service Outage. All claims for credits and/or
compensation must be submitted promptly and in any event within 7 days from the date of the
Service Outage. Claims should be submitted to support@ColocationAmerica.com and marked
in the subject line with “claim for services credit.” Customer’s failure to notify Colocation
America within the period stated above shall result in Customer’s waiver of its right to receive
any such credit and/or other compensation.
1.5. The maximum monthly credit and/or compensation available under this SLA is limited to an amount not greater than one month’s fees. Credit and/or other compensation provided here under shall be Customer’s sole and exclusive remedy for any Service Outage or any failure to meet the Deliverables.
1.6. Colocation America reserves the right to amend the SLA from time to time. Colocation
America shall give Customer not less than one (1) month’s notice of any changes in the SLA and
Customer will be notified by e-mail. Upon receipt of such notice, Customer shall have the right,
for a period of 30 days thereafter, to terminate this SLA if Customer disagrees with such
2. Provision of Services
2.1. Colocation America will provide Customer with colocation and power services (the “Services”) in accordance with the terms and conditions contained herein for the six-month, one-year, two-year or month-to-month term set forth in the Signed Proposal.
2.2. Colocation America will provide Services by the service commencement date set out in the Signed Proposal. If Colocation America is unable to commence providing Services by the service commencement date, at Customer’s request Colocation America will credit. Customer’s account in the amount of 50% of the setup fee (non-recurring charge) set out in the Signed Proposal.
2.3. For each additional business day from the service commencement date that Colocation America is unable to commence providing Services, at Customer’s request Colocation America will credit Customer’s account in the amount of an additional 5% of the setup fee, up to a maximum of 100% of the setup fee.
2.4. Colocation America shall charge, and Customer shall be obligated to pay, the fees for the Services set forth on the Signed Proposal.
3. Service Levels for Facility & Data Center Availability
3.1. Colocation America guarantees an overall Facility and Data Center Availability of 100%.
3.2. Colocation America may temporarily suspend access to the Data Center to carry out periodic maintenance or upgrade work (“Scheduled Downtime”).
3.3. Except in the case of an emergency, Colocation America will provide Customer with one week’s notice of Scheduled Downtime. If Colocation America fails to provide the appropriate notice, at Customer’s request, Customer will be entitled to a credit to Customer’s account in the amount of the pro rated fee for the provision of one day of Services. This credit will only apply to monthly recurring fees on power and space within that Data Center.
3.4. Colocation America will endeavor not to suspend access to the Data Center Scheduled Downtime more than 12 times in any calendar year and not exceed a total of 12 hours in any calendar year and at Customer’s request, Customer will receive a credit to Customer’s account in the amount of the pro rated fee for the provision of one day of Services for each additional service suspension for such work. This credit will only apply to monthly recurring fees on power and space within that Data Center.
3.5. Colocation America will endeavor to accommodate Customer’s requirements in terms of outage times, however, depending on the circumstances this may not always be possible. Outage times will be quoted in Pacific Time to prevent mistakes being made over the various time zones.
4. Service Levels for Power Availability
4.1. Colocation America guarantees an overall Power Availability of 100%.
4.2. If Customer requests a credit for Power Downtime, and such request is validated by Colocation America, Colocation America shall credit Customer in accordance with the provisions hereunder: If in one calendar month a Customer experiences Power Downtime that is not the result of faulty equipment within the Customer’s cabinet or cage or any form of negligence on the Customer’s part, at Customer’s request Customer will receive a credit towards the invoice which Customer receives two months following the month in which Power Downtime was reported. For the purpose of determining the amount of any credit, Power Downtime will be deemed to commence when the Power outage is reported on Colocation America’s electrical monitoring system. An alert system notifies Colocation America support staff immediately when any Power Downtime is reported on the electrical monitoring system and a trouble ticket will be opened within 5 minutes of Colocation America’s discovery of Power Downtime if it has not yet been reported by Customer.
4.3. If there is Power Downtime in the aggregate in any calendar month, Customer shall be entitled to a maximum credit of 100% of that month’s invoice for the portion of the invoice that corresponds to Power and Space at the given Data Center in which Power Downtime occurred as illustrated in the table below:
Length of Outage Percent of MRR Credited
Up to 1 hour 5% MRR
1 - 2 hours 10% MRR
2 - 4 hours 15% MRR
4 - 6 hours 20% MRR
6 - 12 hours 25% MRR
12 - 24 hours 40% MRR
24 - 48 hours 50% MRR
48 - 72 hours 75% MRR
72+ hours 100% MRR
4.4. If Power Downtime is to occur, Customer may give written notice of Customer’s intent to terminate this SLA and any connections or other Services, which termination will take effect after 30 days.
5. Service Levels for Environment
5.1. The average ambient temperature in the Data Center will be 72 degrees Fahrenheit +/- 6 degrees at all times. Temperature may be measured at points in the Facility of Colocation America’s choosing provided that those points are within 2 feet of Customer’s equipment in Customer’s environment. Temperature is monitored and recorded electronically and provides audible alerts as well as alerts through a paging system if the threshold listed above is breached.
5.2. If Environment Downtime is to occur for more than 48 hours in the aggregate in any calendar month, Customer shall be entitled to a credit of 100% of that month’s invoice for the portion of the invoice that corresponds to Power and Space at the given Data Center in which Environment Downtime occurred.
5.3. If Environment Downtime is to occur for more than 48 hours in the aggregate in any calendar month, Customer may give written notice of Customer’s intent to terminate this SLA and any connections or other Services, which termination will take effect after 30 days.